Shilling v. Sioux City Gas & Electric Co.
Supreme Court of Iowa
Appeal from Woodbury District Court.- — George Jepson, Judge. The evidence has not been properly preserved. Appellant asks us to reverse a judgment which plaintiff had below, for matters that it asserts may be passed upon without reference to the evidence.
1Opinion of the CourtSalinger, J.
1. Appeal and error: failure to preserve evidence. I. On the 18th day of November, 1915, we sustained a motion on part of the appellee. The effect of the ruling was, first, to deny an affirmance; next, to strike out of the abstract filed subsequently anything whatsoever that is preserved nowhere save in the shorthand report made on the trial. A motion was thereafter filed by appellee which prays that we enforcé the ruling on the first motion according to what appellee conceives the effect of that ruling to be. The appellant resists enforcement according to the theory of appellee; and this…
2Cases cited1 opinion
- Powers v. Iowa Glue Co.Supreme Court of Iowa · 1918
3Cited by5 opinions
- Buchanan v. Hurd Creamery Co.Supreme Court of Iowa · 1932
- Dailey v. Standard Oil Co.Supreme Court of Iowa · 1929
- Dunham v. DunhamSupreme Court of Iowa · 1920
- Riggs v. HatfieldSupreme Court of Iowa · 1919
- State Bank of Dexter v. FairholmSupreme Court of Iowa · 1925